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Circumvention tourism.
1Harvard Law School Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics.
Cornell Law Review
|October 18, 2012
Summary
Home countries should generally extend criminal penalties extraterritorially to citizens who travel abroad for services illegal at home, such as female genital cutting and abortion. This analysis addresses circumvention tourism and its implications for domestic law enforcement.
Area of Science:
- Legal Studies
- Medical Ethics
- International Law
Background:
- Medical tourism involves patients traveling abroad for treatment, with 'circumvention tourism' referring to travel for services legal elsewhere but illegal in the home country.
- This practice raises complex questions about the extraterritorial application of domestic criminal law and accommodating cultural or political differences.
Purpose of the Study:
- To examine the circumstances under which citizens should be able to avoid domestic criminal penalties by seeking services abroad where they are legal.
- To explore the normative 'ought' question: when should home countries extend criminal prohibitions extraterritorially to citizens engaging in circumvention tourism?
Main Methods:
- Analysis of the legal and ethical dimensions of extraterritorial criminal law application.
- Case studies focusing on circumvention medical tourism for female genital cutting (FGC), abortion, reproductive technology use, and assisted suicide.
Main Results:
- The study argues that, contrary to current practice, home countries should generally extend criminal prohibitions extraterritorially to citizens traveling abroad for FGC, abortion, and assisted suicide.
- Extraterritorial application for reproductive technology use is also suggested, though to a lesser extent.
- The analysis provides a framework for a broader theory of circumvention tourism.
Conclusions:
- Home countries have a normative basis to extend criminal law extraterritorially to citizens circumventing domestic prohibitions through medical tourism.
- This approach is recommended for services like FGC, abortion, and assisted suicide to uphold domestic legal and ethical standards.
- The findings challenge existing practices and advocate for a more robust application of domestic law in cases of circumvention tourism.
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